Our Ref: BR4/8/2

27th February 2018

Dear Colleague,


The following resolution was received from Bridgend, Llantrisant & Distract Branch:
 “This branch notes with concern the continuing refusal to implement the terms of an avoidance of disputes agreement reached with RMT in May 2016, namely:

 ‘Current and future vacancies to take account of Roster Band requirements and therefore any requirement to exceed 40 w/e turns per annum will be advertised at Roster Band 3.

 A review will be undertaken to identify anyone who has been recruited since the start of this roster band issue occurring in April 2013 of those that are working in excess of 40 w/e turns per annum. Those identified will be moved to Roster Band 3.

 All those identified will receive appropriate arrears of pay and this information will be provided to the RMT Full Time Officer and Coordinators.

 We further note that a meeting has recently been held with Network Rail regarding its failure to apply the terms of this agreement with a formal response expected from the company in the week commencing 20th November 2017.

 This branch is unequivocal in its view that the terms of this agreement should be applied in full and without further delay. Should Network Rail renege on its previous commitments then we request that the RMT National Executive Committee considers the following steps:

• To declare a dispute situation with Network Rail regarding this matter
• To commence an immediate ballot for both strike action and action short of strike action of all affected members on the Wales Route
• To provide full legal support to our members to challenge the decision if required.”

Your National Executive Committee considered this and sought legal opinion to determine if the company’s failure to adhere to the contractual terms of our agreement reached in our avoidance of disputes meeting of May 2016 is a breach of members’ contracts of employment.

Legal advice has been received as well as further correspondence from Network Rail. These have now been considered by your NEC who has taken the following decision:

“That we note the correspondence from Network Rail and the legal opinion on file.

Additionally, we note NR rejected our proposals at National Maintenance Council on 19th February 2018.

Accordingly, we instruct the General Secretary to arrange a further meeting at the appropriate level to resolve this matter focusing on the 40 weekend turn element in line with our Bridgend, Llantrisant & District Branch resolution.

Further, we instruct the General Secretary to produce a legal template letter for our members to take up complaints in line with our legal opinion.

Individual members to be informed by text message and email. Relevant Branches and Regional Councils to be advised.”

I am in the process of carrying out these instructions,

Yours sincerely
Mick Cash
General Secretary